Delta 8 Europe: A Complete Guide To Legality (2024)

If you’re packing your bags for a trip across the waters you may be wondering–Can I take Delta-8 to Europe?

Laws vary by country across the European Union, which can make it difficult to research cannabis and hemp laws in Europe. Unfortunately, however, most of Europe has a much less progressive stance on cannabis than you may expect from an area that’s so progressive in other areas (like healthcare and paternity leave).

We’ll break down everything you need to know about European hemp laws and traveling with Delta-8-THC in Europe down below.

Key Takeaways

• Delta-8 is legal in many European countries, but you may not be able to travel with it. 
• Airline rules also vary, so check to see the rules for different types of THC products.
• You may need to just buy Delta-8 when you arrive to ensure you’re following local guidelines.

Is Delta-8 Legal in Europe?

Similarly to in the U.S., Delta-8’s legal status in Europe has much to do with how its derived.

When it is derived from hemp, it’s classified as a “novel food” and not as a drug. Delta-8 products must be pre-approved by the European Commission, meaning that all Delta-8 sold in the European Union is regulated. Of course, availability still varies by country, so you may not be able to buy Delta-8 in stores everywhere that you travel.

To date, Malta, Germany, and Luxembourg are the only European countries that has fully legalized cannabis consumption. However, many European countries have decriminalized cannabis possession.

Fourteen countries, primarily in Western Europe, have ruled that possession of cannabis for personal use cannot lead to incarceration. These countries include:

1. Austria
2. Belgium
3. Croatia
4. Czech Republic
5. Estonia
6. Italy
7. Latvia
8. Lithuania
9. Luxembourg
10. Malta
11. Netherlands
12. Portugal
13. Slovenia
14. Spain

These countries have varying degrees of decriminalization, often allowing for possession of small amounts for personal use without the risk of imprisonment (EMCDDA).

Can You Carry Delta-8 From the U.S. to Europe?

As a rule of thumb when travelling inside the U.S., it is legal to travel with hemp-derived Delta-8 from one area where Delta-8 is legal to another area where Delta-8 is legal.

Unfortunately, that’s not exactly the case when travelling across countries. You need to be aware of import and export laws, which go beyond identifying substances that are and aren’t allowed in the country.

For instance, Delta-8 may be generally legal in a country, but it still may be illegal to import, and the penalties for such may be severe. In other words, it may be illegal to carry Delta-8 from one country to another in many cases.

Also, legality is not all that matters–you also need to check airline rules. Unfortunately, airline rules seem to be almost opposite between the U.S. and European countries.

For instance, FAA (Federal Aviation Administration) requirements in the U.S. state that battery powered vape devices can only be carried in hand luggage and may not be placed in carry on bags. In many European countries, however, you can only carry that type of product in checked luggage.

Other products, like gummies and other edibles, may have far fewer restrictions placed on them when travelling by plane.

The safest option is to not travel with Delta-8-THC when flying internationally. Instead, just look for options to purchase Delta-8-THC when you arrive.

Will Delta-8 Remain Legal in Europe?

Although Delta-8 and other hemp derivatives are currently legal in Europe, their general legal status seems to be rocky.

In November of 2020, the European Court of Justice ruled that CBD was, in fact, meant to be classified as a “novel food,” and then dismissed a challenge of Delta-8’s classification.

In other words, the Court did not see a reason to reclassify Delta-8 at that time, but it is still likely that the government did not intend to legalize psychoactive cannabinoids. Keep in mind that Delta-8’s legal status in Europe could change at any time.

Conclusion: How to Travel to Europe with Delta-8

Simply put, refrain from travelling with Delta-8-THC on an international flight. Taking Delta-8 on a ship may be just as risky. Although it may be legal to possess Delta-8 in many European countries, it’s not always legal to carry across international waters or to import it into other countries, and the repercussions for doing so may be severe.

Instead, look for a country where Delta-8 is legal and buy it when you arrive. Then, use Delta-8 responsibly while on your trip and dispose of the excess before travelling back home.

On the other hand, if you’ve determined that it is in fact legal to carry Delta-8 to your destination, read “Travelling Internationally with Delta-8” to learn more.

If you’re looking for high-quality, legal Delta-8-THC and THC-O products that ship to your door, check out our Elev8 Collection.

FAQ - Delta 8 Europe

Is Delta 8 legal in Europe?

The legality of Delta 8 in Europe varies by country. Some countries have strict regulations that prohibit Delta 8, while others may have more lenient laws. It is important to research the specific regulations of each European country before attempting to possess or use Delta 8.

Can you travel internationally with Delta 8?

Traveling internationally with Delta 8 can be complicated due to differing legal statuses in various countries. Before traveling, it is crucial to check the regulations of the destination country and any countries where you have layovers to ensure compliance with their laws.

Can I buy Delta 8 in Germany?

Delta 8 is currently illegal in Germany. German law does not permit the sale or possession of Delta 8 THC. Travelers and residents should be aware of and comply with these regulations to avoid legal issues.

Is Delta 8 legal in international waters?

The legality of Delta 8 in international waters depends on the laws of the country where the vessel is registered. Generally, the laws of the flag state apply while in international waters. However, when entering the territorial waters of a country, that country's laws will take precedence.

Is Delta 8 legal in Europe?

The legality of Delta 8 THC in Europe varies by country. Some European countries have strict regulations against Delta 8 THC, while others may allow it under specific conditions. It is essential to check the laws of each individual country within Europe.

Is Delta 8 legal in Germany?

Delta 8 THC is illegal in Germany. German law prohibits the sale and possession of Delta 8 THC.

Is Delta 8 legal in Italy?

Delta 8 THC is illegal in Italy. Italian law does not permit the sale or possession of Delta 8 THC.

Is Delta 8 legal in France?

Delta 8 THC is illegal in France. French law prohibits the sale and possession of Delta 8 THC.

Is Delta 8 legal in Portugal?

Delta 8 THC is illegal in Portugal. Portuguese law does not allow the sale or possession of Delta 8 THC.

Is Delta 8 legal in Greece?

Delta 8 THC is illegal in Greece. Greek law prohibits the sale and possession of Delta 8 THC.

Resources

1. "The Status of Hemp Plant Extracts and Cannabinoids in the European Union" https://apps.fas.usda.gov/newgainapi/api/Report/DownloadReportByFileName?fileName=The%20Status%20of%20Hemp%20Plant%20Extracts%20and%20Cannabinoids%20in%20the%20European%20Union_Brussels%20USEU_European%20Union_12-03-2020

2. "PRESS RELEASE BY THE MINISTRY FOR EQUALITY, RESEARCH AND INNOVATION New law on the responsible use of cannabis enters into force" https://www.gov.mt/en/Government/DOI/Press%20Releases/Pages/2021/December/18/pr212248en.aspx

3. "Court of Justice of the European Union PRESS RELEASE No 141/20" https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200141en.pdf

4. "Penalties in law: possibility of incarceration for possession of cannabis for personal use (minor offence) in the European Union, Norway and Türkiye" https://www.emcdda.europa.eu/media-library/penalties-law-possibility-incarceration-possession-cannabis-personal-use-minor-offence_en